Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today
photo of Sebastian Commock

A Place to Belong: justice for 2SLGBTQIA+ communities

  • February 24, 2023
  • Kirsti Mathers McHenry (she/her)

The 519 has been a beacon for 2SLGBTQIA+ communities for decades. Offering programs, space, and leadership, The 519 supports and cultivates our communities in myriad ways. Many of us have attended parties, workshops, planning sessions, and lectures at The 519. As Sebastian Commock (he/him), manager of legal initiatives at The 519, says, it’s a place that “feels like home – a place I belong.”

Sexual Orientation and Gender Identity Law, Student Forum
Head-shot photo of David Alli

David Alli: A Beacon for Future Black Legal Professionals

  • February 23, 2023
  • Tamara J. Sylvester (one/they/them)

We’ve already made history; the Black community’s contribution to Canadian society is undeniable and indelible. The focus is on the future and ensuring that Black futures are bright. David S. Alli, Ontario’s first Black Queer legal partner, signals a new dawn, a new day, and a new light for Black students and lawyers aspiring to the upper echelons of the legal profession.

Sexual Orientation and Gender Identity Law, Student Forum

Preparing for and Responding to Security Breaches

  • February 21, 2023
  • Roland Hung (Torkin Manes LLP)

In the wake of various high-profile security breaches, now may be a good time for businesses to re-acquaint themselves with the applicable Canadian statutory framework for the protection of personal information, as well as implement or update policies and procedures around breach detection and notification.

Privacy Law, Student Forum

Ontario’s Ombudsman Just Called … What’s Next?

  • February 21, 2023
  • David J. Potts, city solicitor, City of Peterborough

The Ontario Ombudsman’s jurisdiction has included municipalities since 2016. In the intervening years, municipalities have been adjusting to the expanded oversight role of the Ombudsman. This article summarizes key issues for municipalities to consider regarding the Ombudsman, including its jurisdiction and the consideration of guidelines for staff.

Municipal Law, Student Forum

Case Review – The Impact of International Free Trade Agreements on Municipal Procurement

  • February 21, 2023
  • Melanie Benedict, student-at-law, Legal Services, Legislative & Planning Services, Halton Region

In the appealed decision of Thales DIS Canada Inc v Ontario, the Ontario Superior Court of Justice held that provincial procurement processes must conform to Canada’s obligations pursuant to international free trade agreements, such as CETA, in order to be considered reasonable. The factors contributing to reasonable procurement decisions are relevant to municipalities, who may wish to watch for the Court of Appeal’s findings on that question and any finding on bid dispute mechanisms.

Municipal Law, Student Forum

Most Significant Cases In Employment Law - 2022

  • February 21, 2023
  • Daria (Dasha) Peregoudova, Ljubica Durlovska, and Zachary Sippel

This article explores the most significant employment law cases in 2022, and their related implications.

Labour and Employment Law, Student Forum
photo of author Rob Richler

What You Need to Know About Recent Changes to the Employment Standards Act: Policies, Exemptions, and More

  • February 15, 2023
  • Rob Richler

There have been several changes to Ontario employment law over the past year that will have lasting impacts on both employees and employers. A ban on non-compete agreements, mandatory written policies on disconnecting from work & electronic monitoring, business & IT consultants becoming exempt from ESA and new rules of temporary help agencies and recruiters are among these changes. Read on to learn about the implications of these changes on employee and employers in Ontario.

Labour and Employment Law, Student Forum
man and child walking side by side along a path in an autumnal, tree- and shrub-filled park, enjoying nature

The Right of Public Access to Nature: How do you care for something you cannot access?

  • February 14, 2023
  • Carissa Wong

This article considers how a right of public access to nature, or lack thereof, impacts the Canadian approach to environmental protection and social and economic development. The author compares the Canadian and Swedish relationship with their natural environment and how this informs our value system when it comes to statutory environmental protections.

Environmental Law, Student Forum

More Tools in the Box: Municipal Powers to Develop Sustainably

  • February 14, 2023
  • Graham Reeder, associate, Gowling WLG

This timely article provides an overview of municipal powers to address sustainability in land development, which have been the subject of significant scrutiny in light of changes pursuant to Bill 23.

Environmental Law, Student Forum

Bill 23: Wither the Conservation Authorities?

  • February 14, 2023
  • Paula Boutis, counsel, Aird & Berlis LLP

This article provides an overview of the impact Bill 23 and the changing role of Conservation Authorities in Ontario.

Environmental Law, Student Forum